Human Law Mediation

Human Law Mediation

Category: Content
Type: Blog Article

Generated 3 days ago

New blog articles detected

  • How To Create A Newspaper Story

    According to the Mail on Sunday, Cecil Parkinson's disabledchild is suing her late father's estate as mother claims he is 'starving theminto submission' from beyond the grave  Sara Keays wants the estate of former Conservative minister CecilParkinson to give money to her daughter, the mother of former Tory ministerCecil Parkinson's child claims he is "starving them into submission"from beyond the ...

Human Law Mediation

Category: Content
Type: Blog Article

Generated 2 weeks ago

New blog articles detected

  • Why Suing Employers Is So Tough

    It is well known that the number of cases taken to employment tribunals has fallen by 70% since fees were introduced. A government review has found that the number of multiple claims taken to employment tribunals fell from 5,847 before fees were brought in to 1,740 in the year afterwards (2014-15) – a reduction of 70%. The number of single cases fell by an equivalent amount.It is correct that the ...

Human Law Mediation

Category: Content
Type: Blog Article

Generated 2 weeks ago

New blog articles detected

  • Why Inheritance Disputes Are Still An Apparent Free For All

    Further to the Ilott judgment there has been some more analysis which gives some succinct help as to where we stand on inheritance claims by the respected Lesley King in the Law Society Gazette.Just go to her comment at the end as to why it is difficult to advise clients on the strength or not of an inheritance claim.As she writes. "Charities will be relieved by the recognition of their right to b...

Human Law Mediation

Category: Content
Type: Blog Article

Generated 3 weeks ago

New blog articles detected

  • Brexit - What Is The Biggest Weakness In The UK Approach?

    With the triggering of Article 50 by the UK Government, the phoney war is over and now the real negotiations are starting. Whilst there has been much talk in negotiating strategy and a comparison of the respective line ups for each side, it is worth considering what are the variables which will make for a successful negotiation.I mediate, run not uncomplicated cases and help parties negotiate. In ...

Human Law Mediation

Category: Content
Type: Blog Article

Generated 3 weeks ago

New blog articles detected

  • Pre-Grant - How To Pressure An Executor

    While I am a fan of the Request for Inventory & Account method in dealing with troublesome executors, this can only be used in the post grant of representation.(probate)Given this, what legal weapons can be used by beneficiaries if they are seeking to apply pressure to an executor prior to a grant of representation being obtained.Beyond the initial letter/emails/texts(?) (s) of complaint, solicito...

Human Law Mediation

Category: Content
Type: Blog Article

Generated 4 weeks ago

New blog articles detected

  • How To Win An Inheritance Case Post Ilott

    The Ilott case has been decided and it is worth consideringsome of its implications. Here are some thoughts.The Case Does NotTotally Support Testamentary Freedom Contrary to some initial press reportssaid, the case does not re-inforcecomplete testamentary freedom. It is worth remembering that the deceased left nothingin her will to the daughter, Ms Illott, and the Supreme Court whilst allowing the...

Human Law Mediation

Category: Content
Type: Blog Article

Generated 1 month ago

New blog articles detected

  • How Sympathetic Were People To You When You Had a Bereavement?

    There was quite a good piece in the Times today (8th March 2017/Firewall) by Alice Thomson who writes elegantly on the issue of death and how families need support when someone passes away close to them. She does not specifically source the figures but comes up with some interesting facts which gives pause for thought including - Only 25% of bereaved people across Britain feel supported following ...

  • Probate Fees Rise = Middle Classes Screwed

    The probate fees are changing from May 2017. Here are some brief questions and answers which include our thoughts on the changes.According to government spin on the issue, the changes are part of a drive to reduce the cost of running courts and tribunals, and raise £250 million for the Exchequer. What are the increases going to be? The proposed probate application fees are as follows: £300 ...

Human Law Mediation

Category: Content
Type: Blog Article

Generated 1 month ago

New blog articles detected

  • Justin Patten Provides Book Outline

    Book Outline - A practical guide to elderly law – Published by Law Brief Publishing The book focuses on key legal and negotiation issues including inheritance claims, will validity, dealing with difficult executors, trusts, court of protection, mediation and other forms of negotiation. Chapter 1 Inheritance Claims CFA, Legal Aid,  Getting the Right Lawyer,  Asking the Questions Costs Starting ...

  • What Does A Mediator Really Do At A Mediation?

    It may not necessarily happen and this can be down to the (in)competence of the mediator but  the mediator’s role is to act as a catalyst to enable the parties to resolve the difficulty for themselves. To do this the mediator will:   Establish exactly what the dispute is about.   Clarify the positions of the parties and translate them into terms that are clearly understood by the parties.   ...

  • What Is The Point of A Larke v Nugus Letter?

    Background In the case of Larke v Nugus, the Court of Appeal refused to order those challenging the will to pay the costs of the challenge even though the will was found to be valid. This was because the solicitor who had prepared the will refused to make information available at an early stage which, had it been given, could have prevented a full trial. What is the Actual Purpose of Such a Le...

  • When Can Mediation Be Less and More Expensive Than Litigation?

    With respect to litigation costs the assertion by the mediation industry that mediation presents costs savings by comparison with full blown litigation costs is based on the assumption that the mediation will be successful.   On the negative side,  mediation can be costly due to the following:   Mediation is become more sophisticated in the hands of lawyer representatives. To get the most out of...

  • How To Negotiate on Continuing Health Care Challenges

    Broadly speaking there are three steps to challenging an assessment decision which goes against your family. These are:  1 Ask the CCG to review your case. Explain why you want your case reviewed and why you think the person is eligible for NHS continuing healthcare. 2 If the CCG decides you are still not eligible, you can obtain a review from an independent review panel (IRP). 3 If the IRP does...

Human Law Mediation

Category: Content
Type: Blog Article

Generated 1 month ago

New blog articles detected

  • How To Challenge Continuing Healthcare Decisions

    One of the services which my firm does is advising people to challenge Continuing Health Care decisions. Here is a an article I wrote for the My Ageing Parent website which still applies today.

  • How To (Rightfully) Misuse A Caveat

    If a person with an interest in the deceased's estate wishes to block a grant of probate or letters of administration being obtained, one can issue a caveat and you pay the nominal sum of £20 to stop probate for six months which is renewable. Broadly there are three circumstances in which a caveat can be lodged: 1 If you have doubt about the validity of the will or other testamentary document e.g ...

  • Technology and Legal Representation Expose Accountant's Will Forgery

    According to recent press reports, a high-flying accountant forged his dead mother's will to take control of a share in his family's £160million palm oil business. Girish Dahyabhai Patel, 65, from Highgate in north London, used a blank document, pre-signed by his 'astute and devout' mother, before adding a will around it. He did this in order to get hold of her shares and thus control over a £4...

Human Law Mediation

Category: Content
Type: Blog Article

Generated 2 months ago

New blog articles detected

  • What Are The Benefits Of Mediation In Any Dispute?

    Fundamentally while lawyers may make their money our of litigation they and you should be looking at the possibility of extraction from a dispute at any opportunity.(on the right terms of course) Given this, what are the benefits of mediation from the point of view of the paying party? The benefits include: .   Mediation is effective – 80% of cases work for mediation and have a successful resoluti...

Human Law Mediation

Category: Content
Type: Blog Article

Generated 2 months ago

New blog articles detected

  • How To Buy A Knighthood

    David Beckham may be upset that he has passed over for knighthood and some embarrassing emails(doctored or not) have emerged that cast doubt as to his motives for doing charity work. However, irrespective of his motives, Mr Beckham would not be the first to be using charity work or whatever to obtain an honour from Her Majesty or one that can be used in this country. In the past two years I was in...

  • Does Mediation Have A Role in Elderly Client Issues?

    While elderly client legal issues have their own specific dynamics such as where the mental capacity of one or more of the parties may be in doubt, there are at least two reasons to try to mediate. First, the Court rules encourage mediation.  The MCA Code of Practice 15.7 to 15.13 details when is mediation useful. e.g it states -a mediator helps people to come to an agreement that is acceptable to...

Human Law Mediation

Category: Content
Type: Blog Article

Generated 2 months ago

New blog articles detected

  • An Introduction to Citations

    What Are Citations? They are useful step in putting pressure upon the executor, pre grant of representation. Specifically where renouncing by the executor is not an option, citations are an effective method of attempting to force a lethargic/dodgy executor into action, or to entitle another to administer the estate. What Are The Different Kinds of Citations? There are two main types to consider: ...

  • How To Make A Successful Negotiation

    Negotiation is about agreement and compromise.  For some this might not seem a good way to resolve a dispute, especially when fuelled by the idea of ‘winning’.  But when you consider the success rates of mediation – where both parties reach an acceptable conclusion -  settlement in mediation has to be a better result than ‘losing’ through the Courts. According to figures released by the government...

  • Why DIY Executors Can Be Dangerous

    There was quite an interesting piece last week in the Telegraph with the level of costs charged by solicitors on probate and how "lawyers are rubbing their hands in anticipation of a surge in fees of inheritance tax"and forthcoming changes. Frankly I am not sure if that is case  with lawyers  They may be more concerned in prepping up so that they know the law are not exposed to possible negligence...

  • An Introduction To Requst For Inventory and Account

    Dealing with a difficult executor is not easy but one of my favourite legal steps for addressing this is the court action of a request for inventory and account from the executor.   The application seeks to force the executor to disclose information and documents(such as bank statements) which gets the executor to reveal what is in the estate of the deceased. It is done by preparation of a summon...

  • What Are The Key Areas Which Enable Someone To Make an Inheritance Claim(Non spouses)

    An inheritance claim can be a potentially big legal action.  In order to consider the legal position, you need to look at the key legislation namely the Inheritance and Family Dependants Act 1975 You can also use some case law as well which is helpful as well to help see what the applicant can get.   The approach is maintenance is to allow a person to live “above the breadline” or at subsistence l...

  • How To Deal With A Brexit Negotiation Crisis

    Oh dear, we now have a situation where the government is split and does not have a plan for negotiating Brexit - A consultant has observed(written and had leaked) that Whitehall is struggling to cope with the scale of work generated by the Brexit vote and the lack of a common strategy among cabinet ministers. The note found that departments are working on more than 500 projects related to leaving...

  • Should I Make An Application To Remove An Executor?

    In short, it is pretty difficult to remove an executor(despite evidence of incompetence) and one needs to remember that a Court will be reluctant to get involved and attack the wishes of the testator. Generally, save in cases of actual wrongdoing or fraud the courts are very reluctant to remove executors. Even if fraud is there and it is not the easiest thing to prove.  The executor often has muc...

  • How To Save Money on Litigation Disputes

    Sadly whether we like it or not we will be involved in some kind of conflict within our lives and particularly if it can potentially go to Court, there can be legal costs involved.   What are the tips that I can give to minimise these legal costs? In other words, how can you save money on legal disputes? Tip 1 - Avoid The Dispute In the First Place - Sounds obvious but some disputes are avoidable...

  • What Factors Make A Successful Child Inheritance Claim

    As was recently highlighted in the Telegraph, George Martin's will has led to a family rift with his two children Giles and Lucie from his second marriage, who now locked in a row with his children from his first marriage over his £1 million estate.  According to the Telegraph when he died last March at the age of 90, his two children from his first marriage to Jean “Sheena” Chisholm might have ...

  • Can You Sack An Employee Over A Donald Trump Type Video?

    The recent emerging video of Donald Trump making lewd comments about women may damage his chances of winning the US presidency but if he were employed by a company, would it be legally entitled to sack him? To some extent it would boil down to how senior he is in the company employing him. Senior executives who work for companies are subject to higher legal scrutiny due to employment terms and con...

  • What Are The Wrong Times To Mediate On A Case

    What are the dangers of mediation and when should you not mediate?   People like me who mediate like to think of the virtues of mediating, but when does mediation not work?  Here are seven reasons not to mediate:   1Need injunctive remedy – When rapid protective action is required to protect assets, evidence or reputation such as abuse of intellectual property rights.   2 If you are convinced th...

  • Justin Patten To Write Book On Elderly Law

    Justin Patten has been commissioned by  Law Brief Publishing to write a practical guide to elderly law. The book focuses on key legal and negotiation issues including inheritance claims, will validity, dealing with difficult executors, trusts, court of protection, mediation and other forms of negotiation.

  • Is Judicial Mediation Worth The Time?

    Recently I was acting on an employment law case which went to judicial mediation.(This is where an Employment Tribunal Judge acts a mediator(rather than a judge) on a Tribunal case. After the case was settled the opposing lawyer and I spoke about the case in passing and she said that she that the case could have been settled without mediation e.g the lawyers could have negotiated it themselves. Ge...

  • How To Resign Effectively

    The Brexit negotiations rumble on and it continues to pose issues for participants in the political process.   The recent resignation of the UK ambassador to the EU, Sir Ivan Rogers has unsurprisingly entrenched remains and leavers in their view of the effectiveness of the government's approach to exiting the EU.  I do not know the ins and outs of the justification for his resigning- what I can s...

Human Law Mediation

Category: Content
Type: Blog Article

Generated 7 months ago

New blog articles detected

  • Thank God For Employment Law Rights

    One of the concerns over Brexit was that would lead to a possible decline in employment law rights given that EU legislation has played such a role in formulating UK employment law legislation and there is a Conservative Government in charge who may take a less sympathetic stance to employees. No one knows how the future will pan out but it does remain unlikely that the Conservatives (or indeed an...

  • Why Britain Should Be Able To Negotiate Brexit Effectively

    There is a lot of discussion within Britain and elsewhere about Brexit and the ability of Britain to secure reasonable terms whatever they may be. Fundamentally irrespective of whatever divorce arrangement the United Kingdom negotiates with the EU, it does have an apparent advantage which any negotiator would idendtify namely it is just one country negotiating in effect with twenty seven other co...

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